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A Three-Legged Stool On Two Legs: Recent Federal Law Related To Local Climate Resilience Planning And Zoning, Sarah Adams-Schoen, Edward Thomas Jan 2015

A Three-Legged Stool On Two Legs: Recent Federal Law Related To Local Climate Resilience Planning And Zoning, Sarah Adams-Schoen, Edward Thomas

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Notwithstanding a critical gap between climate change related risks and preparedness in the United States, congress has yet to pass any federal law expressly addressing climate change hazard mitigation (or any other aspect of climate change) and appears unlikely to do so anytime soon. Despite this, the first half of 2015 has seen a number of actions in the other two branches of the federal government with significant implications for local hazard mitigation planning, zoning, and development. Of particular note, and as discussed in more detail below, the President issued an Executive Order and the Federal Emergency Management Agency (FEMA ...


A Response To The Ipcc Fifth Assessment, Sarah Adams-Schoen, Deepa Badrinarayana, Cinnamon Pinon Carlarne, Robin Kundis Craig, John C. Dernbach, Keith H. Hirokawa, Alexandra B. Klass, Katrina Fischer Kuh, Stephen R. Miller, Jessica Owley, Shannon Roesler, Jonathan D. Rosenbloom, Inara K. Scott, David Takacs Jan 2015

A Response To The Ipcc Fifth Assessment, Sarah Adams-Schoen, Deepa Badrinarayana, Cinnamon Pinon Carlarne, Robin Kundis Craig, John C. Dernbach, Keith H. Hirokawa, Alexandra B. Klass, Katrina Fischer Kuh, Stephen R. Miller, Jessica Owley, Shannon Roesler, Jonathan D. Rosenbloom, Inara K. Scott, David Takacs

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This collection of essays is the initial product of the second meeting of the Environmental Law Collaborative, a group of environmental law scholars that meet to discuss important and timely environmental issues. Here, the group provides an array of perspectives arising from the Fifth Assessment of the Intergovernmental Panel on Climate Change. Each scholar chose one passage from one of the IPCC’s three Summaries for Policymakers as a jumping-off point for exploring climate change issues and responding directly to the reports. The result is a variety of viewpoints on the future of how law relates to climate change, a ...


Sink Or Swim: In Search Of A Model For Coastal City Climate Resilience, Sarah Adams-Schoen Jan 2015

Sink Or Swim: In Search Of A Model For Coastal City Climate Resilience, Sarah Adams-Schoen

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New York City, like other major cities around the world, has acknowledged the problem of climate change, undertaken a comprehensive risk assessment, created a suite of adaptation and mitigation planning initiatives, and begun to implement policies to decrease the city’s contribution to the problem and to make the city less vulnerable to the effects of climate change. This detailed analysis of the city’s climate change resilience initiatives concludes that, although many of the city’s initiatives provide a model for other coastal communities, the initiatives likely still fall short of what is required to sufficiently moderate harm from ...


On The Waterfront: New York City's Climate Change Adaptation And Mitigation Challenge (Part 1 Of 2), Sarah J. Adams-Schoen Jan 2014

On The Waterfront: New York City's Climate Change Adaptation And Mitigation Challenge (Part 1 Of 2), Sarah J. Adams-Schoen

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New York City is a city on the waterfront. With 520 miles of coastline, New York City’s coastline is longer than the coastlines of Miami, Boston, Los Angeles and San Francisco combined. Nearly nine million New Yorkers live in areas vulnerable to flooding, storm surges and other natural disaster-related risks that are increasing as a result of climate change.

New York City didn’t wait for a devastating storm to begin comprehensively addressing the effects of climate change. The City’s extensive climate change mitigation and resiliency efforts and communications strategy have put the City in a league of ...


The Executive And The Environment: A Look At The Last Five Governors In New York, Patricia E. Salkin Jan 2014

The Executive And The Environment: A Look At The Last Five Governors In New York, Patricia E. Salkin

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Gubernatorial leadership is the single most important indicator of how sustainable New York will be when it comes to issues of environmental protection and conservation. In preparing for the Kerlin Lecture, one of the things that struck (the author) is that New York governors for at least the last thirty years have consistently identified the critical economic, social, and environmental challenges facing this state. Is it simply political rhetoric to decry that the state is in terrible fiscal shape, that programs need to be funded to help those is need, and that we must pay attention to stewarding the environment ...


The Executive And The Environment: A Look At The Last Five Governors In New York, Patricia E. Salkin Jan 2014

The Executive And The Environment: A Look At The Last Five Governors In New York, Patricia E. Salkin

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Gubernatorial leadership is the single most important indicator of how sustainable New York will be when it comes to issues of environmental protection and conservation. In preparing for the Kerlin Lecture, one of the things that struck (the author) is that New York governors for at least the last thirty years have consistently identified the critical economic, social, and environmental challenges facing this state. Is it simply political rhetoric to decry that the state is in terrible fiscal shape, that programs need to be funded to help those is need, and that we must pay attention to stewarding the environment ...


Climate Change Adaptation And Mitigation: A Local Solution To A Global Problem, Sarah J. Adams-Schoen Jan 2014

Climate Change Adaptation And Mitigation: A Local Solution To A Global Problem, Sarah J. Adams-Schoen

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Local land use laws offer powerful tools for climate change adaptation and mitigation. However, notwithstanding New York municipalities’ many impressive efforts, local laws are not yet being utilized sufficiently to create disaster-resilient or disaster-adaptive communities. New York City has done substantially more than many other cities, including, critically, setting specific CO2 emissions reduction targets and amending zoning and building codes. But, in light of the evidence of climate change and its impacts, local decision makers, resource managers, and planners throughout the state must ask whether we are doing enough. Failure to do so will continue to be costly in terms ...


On The Waterfront: New York City's Climate Change Adaptation And Mitigation Challenge (Part 2 Of 2), Sarah J. Adams-Schoen Jan 2014

On The Waterfront: New York City's Climate Change Adaptation And Mitigation Challenge (Part 2 Of 2), Sarah J. Adams-Schoen

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New York City, like other major cities around the world, has acknowledged the problem of climate change and begun to implement proactive policies to decrease the city’s contribution to the problem (i.e., mitigation) and to make the city less vulnerable to the effects of climate change (i.e., adaptation). The City’s initiatives have been comprehensive and progressive, especially its climate change-related data analysis and communication initiatives including NPCC, and its comprehensive reform of building and other related codes. The City’s commitment to reduce greenhouse gas emissions by 30% by 2030 and its progress toward that goal ...


Land Use Law Update: New York's New Climate Change Resiliency Law, Sarah Adams-Schoen Jan 2014

Land Use Law Update: New York's New Climate Change Resiliency Law, Sarah Adams-Schoen

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New York State’s lawmakers passed 2,603 bills over the course of the 2013-14 session, 658 of which passed both houses. Although counties and local governments are likely focusing their attention on budget-related items such as the property tax freeze/rebate program, local governments — and zoning and planning officials and practitioners in particular — should also take note of the newly enacted Community Risk and Resiliency Act (CRRA).


What Every Land Use Lawyer Should Know About The Emerging Use Of Health Impact Assessment And Land Use Decision Making, Patricia E. Salkin, Pamela Ko Jan 2013

What Every Land Use Lawyer Should Know About The Emerging Use Of Health Impact Assessment And Land Use Decision Making, Patricia E. Salkin, Pamela Ko

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The field of Health Impact Assessment is relatively new to the United States, but already a number of state and local governments are incorporating these assessments into land use planning and decision making. In five years, the use of HIA in the U.S. has increased dramatically with more than 100 HIAs completed or in progress in the U.S. from 2007 to 2010. This article provides a brief overview of HIA in the United States, describes how it is being used in other states with respect to land use decision making, and examines how HIA is starting to be ...


The Key To Unlocking The Power Of Small Scale Renewable Energy: Local Land Use Regulation, Patricia E. Salkin Apr 2012

The Key To Unlocking The Power Of Small Scale Renewable Energy: Local Land Use Regulation, Patricia E. Salkin

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Myriad federal and state programs have been promoted to incentivize the research and development of renewable energy as a means of achieving sustainability and producing more affordable alternative energy systems, and these programs could potentially have a profound impact on the way that electricity is produced and consumed in the United States. Small-scale renewable energy generation from sources such as solar and wind, that can be used at the consumer level as a source of power for homes and small businesses, is an important part of this paradigm shift. However, regardless of the fiscal incentives offered to clean-tech companies to ...


Sustainability As A Means Of Improving Environmental Justice, Patricia E. Salkin, John C. Dernbach, Donald A. Brown Jan 2012

Sustainability As A Means Of Improving Environmental Justice, Patricia E. Salkin, John C. Dernbach, Donald A. Brown

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This article explains why environmental justice provides much of the foundation for sustainable development, and shows how sustainability can improve our ability to achieve environmental justice. The article first explains a basic but often unrecognized truth about environmental policy: environmental pollution and degradation, sooner or later, harms humans. Both sustainable development and environmental justice respond to this problem, though in somewhat different ways. Sustainable development, however, suggests a broader set of tools to address this problem than are often employed for environmental justice. The article shows how four broad approaches — more and better sustainability options, law for sustainability, visionary and ...


Government "Green" Requirements And "Leedigation", Patricia E. Salkin, Graham Grady, Nicole Mueller, Susan Herendeen Jan 2012

Government "Green" Requirements And "Leedigation", Patricia E. Salkin, Graham Grady, Nicole Mueller, Susan Herendeen

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No abstract provided.


The Quiet Revolution And Federalism: Into The Future, Patricia E. Salkin Jan 2012

The Quiet Revolution And Federalism: Into The Future, Patricia E. Salkin

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This Article offers an examination of the federal role in land use planning and regulation set in the context of varying theories of federalism by presenting a historical and modern overview of the increasing federal influence in local land use planning and regulation, specifically highlighting how federal statutes and programs impact local municipal decision making in the area of land use planning. Part II provides a brief introduction into theories of federalism and their application to local land use regulation in the United States. Part III provides a brief overview of federal legislation in the United States which affected local ...


Honey, It’S All The Buzz: Regulating Neighborhood Beehives, Patricia E. Salkin Jan 2012

Honey, It’S All The Buzz: Regulating Neighborhood Beehives, Patricia E. Salkin

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Beekeeping’s popularity has surged in recent years, perhaps culminating in the introduction of the first ever White House bee hive. Local Apiaries provide a wide variety of benefits to communities, ranging from pollination services for gardens to producing honey that can be used in a wide array of foods and products. Apiaries are not always welcome in a community, however, perhaps because of their potential to cause a nuisance, or to harm crops or people. Although beekeeping regulation implicates both state and federal concerns a number of localities have developed unique and practical regulations that promote backyard beekeeping, while ...


Linking Land Use With Climate Change And Sustainability Topped State Legislative Land Use Reform Agenda In 2008, Patricia E. Salkin Jan 2009

Linking Land Use With Climate Change And Sustainability Topped State Legislative Land Use Reform Agenda In 2008, Patricia E. Salkin

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Linking land use with climate change and sustainability topped state legislative land use reform agenda in 2008. The only discernible state land use reform trends in 2008 have focused primarily on themes surrounding sustainability. Many states pursued statutory reforms to address the strong linkages between land use and climate change, green development and affordable housing. Only one state, Michigan, focused on recodification of its planning and zoning enabling acts.


Cooperative Federalism And Wind: A New Framework For Achieving Sustainability, Patricia E. Salkin, Ashira Ostrow Jan 2009

Cooperative Federalism And Wind: A New Framework For Achieving Sustainability, Patricia E. Salkin, Ashira Ostrow

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This Article proposes a federal wind siting policy modeled on the cooperative federalism framework of the TCA’s Siting Policy. Part I describes some advantages of wind energy, focusing specifically on the environmental, economic, and social benefits. This Part also discusses several technical obstacles to wind energy development, including the need to supplement wind energy with conventional energy sources and the lack of adequate transmission infrastructure. Part II assesses the current regulatory regime for the siting of wind turbines, reviewing general practices across the United States at both the state and local levels. Although a number of states have been ...


New York Climate Change Report Card: Improvement Needed For More Effective Leadership And Overall Coordination With Local Government, Patricia E. Salkin Jan 2009

New York Climate Change Report Card: Improvement Needed For More Effective Leadership And Overall Coordination With Local Government, Patricia E. Salkin

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New York ranks eight out of the 50 states in terms of carbon emissions. While the State government is just beginning to enact meaningful programs and incentives to encourage municipal policies and actions that will reduce the impact of local decisions on our carbon footprint, a number of local governments across the State have already been at work developing and adopting "greening" strategies, policies and regulations. While the New York State Bar Association has released for comment a report of its Task Force on Global Warming which documents an impressive two-dozen current state-level laws and programs on climate change, the ...


Gis In An Age Of Homeland Security: Accessing Public Information To Ensure A Sustainable Environment, Patricia E. Salkin Jan 2005

Gis In An Age Of Homeland Security: Accessing Public Information To Ensure A Sustainable Environment, Patricia E. Salkin

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Critical to the goal of achieving sustainable development is governments' ability to maintain public information, including maps, charts, statistics, and narrative text, about a wide variety of environmental factors, indicators, resources, and threats in easily understandable formats that are readily accessible to the public. While federal and state freedom of information laws help to ensure a relatively high rate of public access to traditional information, such as environmental impact statements, studies and reports,significant environmental events and resources, and census data, the growing use and reliance on geographic information systems ("GIS") has the potential to move the public discourse to ...


Integrating Local Waterfront Revitalization Into Local Comprehensive Planning And Zoning, Patricia E. Salkin Jan 2005

Integrating Local Waterfront Revitalization Into Local Comprehensive Planning And Zoning, Patricia E. Salkin

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By 2004, more than half of the United States population resided within fifty miles of the coastline, contributing to the mounting pressures on waterfront development. Local waterfront revitalization plans have great potential to efficiently guide community and coastal development in a coordinated fashion across municipal boundaries. Coordination includes intermunicipal and intergovernmental cooperation and consistency as well as coordination between planning and land use controls within the coastal zone and within the boundaries of coastal communities. Part I of this article examines the history of the Coastal Zone Management Act (CZMA)with a particular examination of the Act's impact on ...


The Green Development Movement: Smart Growth With A Green Label, Patricia E. Salkin Oct 2004

The Green Development Movement: Smart Growth With A Green Label, Patricia E. Salkin

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No abstract provided.


Environmental Justice And Land Use Planning And Zoning, Patricia E. Salkin Jan 2004

Environmental Justice And Land Use Planning And Zoning, Patricia E. Salkin

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No abstract provided.


Seqra’S Silver Anniversary: Reviewing The Past, Considering The Present, And Charting The Future, Patricia E. Salkin Jan 2001

Seqra’S Silver Anniversary: Reviewing The Past, Considering The Present, And Charting The Future, Patricia E. Salkin

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No abstract provided.


The Supreme Court And The Endangered Species Act (Symposium: The Supreme Court And Local Government Law: 1994-95 Term), Leon D. Lazer Jan 1996

The Supreme Court And The Endangered Species Act (Symposium: The Supreme Court And Local Government Law: 1994-95 Term), Leon D. Lazer

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No abstract provided.


Ethics, The Legacy Of The Reverend Doctor Martin Luther King, Jr., And The Movement Toward Environmental Justice, Beverly Mcqueary Smith Jan 1994

Ethics, The Legacy Of The Reverend Doctor Martin Luther King, Jr., And The Movement Toward Environmental Justice, Beverly Mcqueary Smith

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No abstract provided.


The Use Of The Public Trust Doctrine As A Management Tool Over Public And Private Lands, Patricia E. Salkin Jan 1994

The Use Of The Public Trust Doctrine As A Management Tool Over Public And Private Lands, Patricia E. Salkin

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No abstract provided.


Developing A World Vision: An Introduction To International Environmental Policy, Beverly Mcqueary Smith Jan 1992

Developing A World Vision: An Introduction To International Environmental Policy, Beverly Mcqueary Smith

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No abstract provided.


Environmental Law (Symposium: The Supreme Court And Local Government Law: The 1989-90 Term), Leon D. Lazer Jan 1991

Environmental Law (Symposium: The Supreme Court And Local Government Law: The 1989-90 Term), Leon D. Lazer

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No abstract provided.


The Viability Of Citizens’ Suits Under The Clean Water Act After Gwaltney Of Smithfield V. Chesapeake Bay Foundation, Bevery Mcqueary Smith Jan 1990

The Viability Of Citizens’ Suits Under The Clean Water Act After Gwaltney Of Smithfield V. Chesapeake Bay Foundation, Bevery Mcqueary Smith

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No abstract provided.